Employment Law Questions? Ask an Employment Lawyer.
Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.
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Hello: Yes, I am going to answer. When you replied I was helping someone else in front of you.
I am now reviewing the additional information that you provided and will respond to it very shortly.
You said you are being discriminated and retaliated against, are you being discriminated against because of your race, gender, age (40 and over), national origin or the like?
How many employees does your employer have?
Thank you for the information. However, you did not answer one of the questions:
I am here and Im in the middle of preparing my response to you. However, when you keep posting, it wipes out my texts. Please, do not post again until I am done with my response. Thank you.
Thank you for the information.
You need to escalate the matter to the human resources department. However, if you are not discriminated against or retaliated against because of your age or disability or on any other prohibited grounds, you would not be able to file discrimination case with U.S. Equal Employment Opportunity Commission or its state counterpart. However, you can file lawsuit for Intentional Infliction of Emotional Distress if you can show that you have suffered severe emotional distress because of your treatment at the hands of your employer (your boss and/or other employees.) However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1) your co-worker acted intentionally or recklessly; (2) that co-worker's actions were extreme and outrageous;(3) that co-worker's actions were the cause (4) of your severe emotional distress, which would be evidenced by you going to doctors for medical treatment or seeking therapy. If you cannot prove all the four factors above, you would not prevail in your lawsuit for Intentional Infliction of Emotional Distress.
You need to formally request for reasonable accommodation because of your medical condition. If your request is approved, then you can work less hours and strictly follow your doctor's restrictions. However, your employer can refuse to grant your request if doing so would cause undue hardship to the employer. If your request is denied, you may then consider asking for leave of absence or FMLA to de-stress from the stressful situation.
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I did not answer because I stepped away from my computer to attend to other things.
You need to make appointment to speak with your Human Resources Director.
Kindly give a positive rating to my response so that I can receive credit for responding to your numerous posts. That's the only way that I get paid for answering questions on this site.
I can't answer your questions indefinitely without you rating my previous response. In any event, I am signing off at this time. I have been on since 12 midnight. If you have further questions, another Attorney would be glad to take over from me.
Good morning, new expert here. Your previous expert had to leave.I have read your questions and replies from the previous legal expert, and would say they answered the questions you asked very well and gave you very good suggestions about making sure to ask for reasonable accommodation from your employer and about a possible emotional distress claim. Was there some additional information about this matter you needed answered?